RCMP pushes for new law to get Canadians’ private information without a warrant. Who’s pushing the RCMP?

RCMP PLANNING MASS ARREST OF INDIGENOUS ACTIVISTS UNDER BILL C-51, SUPPORTERS WARN by Red Power Media staff, August 28, 2015, Red Power Media

CANADIAN SPIES CAN ACCESS INDIAN STATUS RECORDS UNDER BILL C-51 by Jorge Barrera, March 20, 2015, Red Power Media

RCMP investigators and Canadian spies would legally be able to access personal information found in Indian status records held by the federal Aboriginal Affairs department if the Harper government’s proposed anti-terror bill becomes law, according to Public Safety Canada.

…

This particular section of the bill deals with the Security of Canada Information Sharing Act and encompasses any activity that “undermines the sovereignty, security and territorial integrity of Canada” along with the interference of border operations “or the economic or financial stability of Canada” and “interference with critical infrastructure.” [Whose? The oil and gas industry’s?]

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Legalizing what the AER did to Ernst?

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Harper’s Charter-assaulting Bill C-51 isn’t enough for the oil and gas industry and RCMP?

Why do RCMP need a law? They appear to violate Canadians’ rights and get private information whenever they please, laws protecting citizens be damned.

February 12, 2009: The Intimidation of Ernst: Members of Harper Government’s Anti-terrorist Squad (RCMP) Intimidate and Harass Ernst – warrantless at her home – after her Legal Papers were Served on Encana, the AER and Alberta Environment

2009 02 12 RCMP Harassment & Intimidation of Ernst at her Home

February 12, 2009: Following a CTV W5 National News segment of Ernst’s explosively contaminated well water and the AER’s treatment of her, “undercover” Royal Canadian Mounted Police with Harper’s anti-terrorist squad arrive warrant-less at Jessica’s home in Rosebud.

2009 02 12 Harper's anti-terrorist squad, warrantless, drop in on Ernst at home after W5 news show on her

Who violated Ernst’s privacy rights and gave the RCMP Ernst’s unlisted home phone number and legal land description of her home?

In 2004, Encana was ruthless enough – before Ernst found out Encana had illegally fractured Rosebud’s drinking water aquifers, to violate her privacy rights handing out this Encana map in a public meeting disclosing where Ernst lived. Encana did not violate the privacy rights of any other Rosebud residents with compressor noise complaints:

2994 10 21 Encana handout at Rosebud open house, violates Ernst's privacy rights, no other citizen's

Or …. are the RCMP getting nervous about the Ernst vs AER hearing before the Supreme Court of Canada on January 12, 2016?

RCMP pushes for new law to get Canadians’ private information without a warrant by Laura Stone, December 22, 2015, Global News

The RCMP is hoping the Liberal government will consider crafting a new law that would allow police to access personal information from telecom companies without first obtaining a warrant.

Investigators say a recent Supreme Court decision has significantly slowed down investigations into crimes such as child pornography – and that is putting children at risk.

“Kids could be exposed to the hands of a predator longer, before we’re able to intervene,” RCMP Assistant Commissioner Joe Oliver, who oversees the force’s technical operations, said in an interview.

The court ruled in June 2014 that police could no longer obtain what’s known as basic subscriber information from telecoms without a judicial production order or warrant.

Police say they would previously approach companies with computer IP addresses that were linked to criminal activity or were suspicious, and ask for the name, address or phone number of the person associated with that computer address.

Oliver said it used to take an hour to write a request and then a day to get the information back from companies. But now they need to have grounds to believe a crime has been committed – and it takes two days to write the production order, and in some cases, more than a month to get data back.

In one recent case of suspected child pornography, Oliver said by the time officers found out the suspect’s address, he had moved two days earlier and police had to start from scratch.

“It means investigative delays, it means it takes more police officers to do the same amount of investigations,” he said.

In an interview with Global News: BC1, Justice Minister Jody Wilson-Raybould would only say she is working with her colleagues at Public Safety on this issue, and among many others.

Potential for abuse

But privacy experts warn that subscriber information contains much more than basic facts – it could also allow police to gather search history, record of dissent and other personal facts and to store that information without anyone ever knowing they have it.

“If they’re concerned about paper work, well I’m sorry about that but the (Charter of Rights) makes things inefficient for the police, and that’s an important part of the balancing of it,” said David Fraser, a privacy lawyer in Halifax.

“They shouldn’t be able to just kind of check a box and get access to information about Canadians.”

“They need to go through the process of justifying exactly what it is they’re asking for, why they’re asking for it and why it’s important.”

Fraser said there are examples of people being barred from entering the United States based on “outdated and inaccurate information” gathered by police.

“As soon as you allow police to the discretion to get access to that sort of information, frankly it’s going to be abused. I have no doubt about that,” Fraser said.

But Oliver says the RCMP doesn’t have the resources “to go on fishing expeditions.”

“Normally when we are undertaking an investigation, we have information that there’s been either a criminal offence or there’s a public safety issue that we need to intervene on,” Oliver said.

A ‘narrow’ exception

The Supreme Court’s ruling said police could still get personal information without a warrant in emergency circumstances, or where a “reasonable law” exists.

But it failed to define what a reasonable expectation of privacy would be, something the federal privacy commissioner asked the previous Conservative government to outline in legislation.

“I did ask that Parliament clarify this area, of what is a reasonable expectation of privacy, when would the police be able to access information without a warrant,” Privacy Commissioner Daniel Therrien said in an interview.

“I think that would be desirable because the law of course would be public, it would be transparent, it would be objective.”

Therrien says he would call for a “narrow exception” to all information on the Internet being subject to privacy requirements, using the example of a public phone number.

“When I say public phone number I’m not suggesting at all that all subscriber information is analogous to a phone book and should be available without a warrant. But some subscriber information, for instance a publicly available phone number, would probably fit that bill,” he said.

Fraser, the privacy lawyer, said he would support a police practice that fast-tracks child porn or terrorism cases, but requests would still have to be passed by a judge.

Oliver said he believes a new law could be written that is compliant with the Charter, such making the police report the number of access requests to Parliament. [What good will that do? Nothing.]

“This a question that the public and Parliamentarians will have to deal with,” he said, “as to the urgency of it.” [Emphasis added]

21 Comments

Blaine Tetz
The RCMP need to be reminded that they are a paid police force that works for the Canadian people (their boss). They are civil servants. We elect representatives to make or change law. We employ civil servants to enforce it. We do not need beaurocrats overstepping their bounds. We already have enough politicians doing that.
Like · Reply · 1 hr

Jason Ferguson
Absolutely incredible!! It’s like the MounTies get to just pass their own laws and determinations whenever they please. They get to issue reclassifications on firearms whenever they wish and now they’ll get to just Demand all the info on you that they wish at the drop of a hat and on any given day? LOL … right, .. absolutely Ludicroous!!
Like · Reply · 4 hrs

Jim Carlton · Calgary, Alberta
We learned a lot from the barbaric situation of East Germany … and now we want to imitate them it seems … The RCMP are well past their best before date.
Like · Reply · 1 · 10 hrs

Anders Garvin · Vancouver, British Columbia
So we have rediculous gun laws and now they want our information at the drop of a hat. Cool. I love being free. Where’s the cool-aid. I need more of this cool-aid everyone’s drinking. This place is great.
Like · Reply · 1 · 15 hrs

Blair Parker
They use the same wails abs cries for gun control when in fact is at an all yime low and the laws only effect the law abiding not the crooks doing the crime.
Like · Reply · 1 · 17 hrs

Blair Parker
Do your job gather evidence and get a judge to issue a warrant…. that’s what the charter of temporary rights and privileges says.
Like · Reply · 1 · 17 hrs

Ray Blenkhorn · CFSME Canadian Forces School of Military Engineering
starting to sound a lot like Hitler’s SS or Gestapo …… give them freedom to our information & you can garuantee they will abuse it ……… they don’t care about child porn or terrorism
Like · Reply · 3 · 22 hrs

Nancy Essig · Works at I’ll do anything for a buck
“THINK OF THE CHILDREN”…The cry of the person trying to put one over on you . Come up with more believable reasoning.
Like · Reply · 3 · Dec 25, 2015 3:22pm

Anders Garvin · Vancouver, British Columbia
People thinking and obsessing over children is the problem, apparently. I don’t think you’re helping.
Like · Reply · 15 hrs

Barry Warne
From time to time I find lost USB sticks. When I can, I look at the files, find an address on something like a resume, mail the USB back to that person.

I once found a USB loaded with horrifying child porn. I called the police. They were not overly interested. They seemed annoyed I was bothering them.

I dropped off the USB at a police station with a note. Never heard back.

So how dare the RCMP use Child Porn as a tactic to create fear in order to get what they want. Extortion is an abhorrent method to justify more funding, expanding reach and powers.
Like · Reply · 1 · Dec 25, 2015 10:25am

Rae Of-light · Works at Chapters Woodgrove Centre Nanaimo
I vote we take away all their rights…any one els agree??
Like · Reply · 3 · Dec 24, 2015 8:19pm

Alain Milette · Works at Self-Employed
They need to learn to write faster.
Like · Reply · 2 · Dec 23, 2015 11:07pm

Vostok Thomas
We the people have rights. So keep your snotty noses out of our business.

“But terrorists and child porn”

Again with that done to the death excuse to violate people’s privacy rights

So, What do you have on your medical files and tax records that we can’t look at? What do you and your significant other do in your bedroom that we can’t watch? What do you keep in your house that we can’t walk in and snoop through at our leisure? Oh what’s that? It’s none of our business? I guess maybe you’re a terrorist or a child pornographer yourself then.
Like · Reply · 1 · Dec 23, 2015 8:15pm

Justin P Pentercost · London, Ontario
Streamline how warrants are obtained; provide faster access. Hire a judge or two just for that if they must. Problem solved. You are welcome.
Like · Reply · 2 · Dec 23, 2015 1:40pm

Glen Reid ·
But Think of The CHILDREN!

What a crock of RCMP Bull Excrement!

Now that their pal Harper has been banished, the RCMP might ACTUALLY have to follow the same Laws as You and I? That would be a pleasant change!

Just say NO!

NO to more infringements on your Rights and Civil Liberties by the RCMP! NO!
Like · Reply · 7 · Dec 23, 2015 12:45pm

Kroeker Jeremy
This is not new. Historically, when government agencies want to spy on an entire population, as a mechanism of sociopolitical control, they claim it’s an emergency, because of terrorism, subversion or child predators. They frequently argue a single extreme case in which lives rely on their being able to ignore the law, human rights or common decency. Police already have the tools to legally investigate criminals, without violating the rights of innocent citizens. If what they really wanted was a faster and more efficient process for acquiring and executing a warrant, they’d be asking for THAT. That they’re instead demanding sweeping new police powers to spy on ordinary people indicates THIS is their real goal. Handing over our freedom to a police state is quick and easy. Getting it back, once surrendered, is impossible. Anyone, of whatever political bent, who values liberty should line up to say “no” to the burgeoning surveillance regime.

Src: https://www.facebook.com/openm…/posts/10153863294784759…
Like · Reply · 7 · Dec 23, 2015 11:12am · Edited

David Roddis · Owner/Photographer at Florian Photo/Art
Very well said. This is probably indicative of the way things worked when Harper was in power – I wonder how many such requests were made and granted that we have yet to discover…? I have the sense that we threw out Harper and his cronies just in the nick of time.
Like · Reply · 1 · Dec 24, 2015 7:54am

Leslea Smith
SO, once again we have a “THINK OF THE CHILDREN” wail used to justify unreasonable & unjustifiable invasions of our privacy and our RIGHTS, by an organization whose goals are very specific to jail EVERYONE…

The circular logic bomb of “When you have nothing to hide, you must give away all your privacy rights to prove that you have nothing to hide, otherwise, you are hiding something.” (from a friend’s comment, it’s just written SO well) is once again the excuse used to justify their mass spying on the bulk of people in a desperate attempt to find ANYTHING that could be used to find anything they can lay charges about, in a desperate attempt to justify their own jobs.

That’s NOT police work.

That’s fascism.
Like · Reply · 9 · Dec 23, 2015 11:07am

Graeme Bristol · Executive Director at Centre for Architecture and Human Rights
Police are always going to demand these kinds of intrusions and demand them in the name of safety (‘think of the children’). When we accede to these demands, we agree to a police state. Articles 7 (‘security of person’) and 8 (‘protection against unreasonable search and seizure’) in the Canadian Charter imply a right to privacy. Art. 12 of the Universal Declaration (Canada is a signatory and Canadian John Humphrey was the author of its first draft) prohibits the state from the ‘arbitrary interference of privacy’. I am not about to hand these rights over to the police or any other arm of the state – not willingly.
Like · Reply · 8 · Dec 23, 2015 10:37am

Judith Harrower · Queen’s University
Perhaps the RCMP feel adrift now that their champion Harper has departed. Perhaps they’re either dumb or naive to think that the new gov’t doesn’t care about civil liberties & safeguards. Just like introducing tasers, stun guns, bean bags then keeping civilians in jail without being charged for longer period of time, all introduced to make the officers have a much easier job. Like others who have commented get back to solid in-depth policing, investigating according to the law. With the recent rash of “rogue” or “bad apples” being exposed the public has no idea how many more who could wreck havoc on society.
Like · Reply · 3 · Dec 23, 2015 6:47am

Jen Farren · Seattle, Washington
RCMP are getting as bad as Donald Trump with their fear mongering.
Like · Reply · 2 · Dec 22, 2015 8:11pm

Anton Watson
As a supporter of the RCMP for many years I say absolutely NO to this request. Whilst I abhor abuse of children and any other people by criminals the privacy of law abiding Canadians is paramount. To the RCMP I say do your job and gather the vidence to be able to get a search warrant.

If we allow this breach of our constitutional rights to occur, what will be the next one be ?
If this government allows this to go ahead then we may as well accept that they support a police state mentality.
Like · Reply · 10 · Dec 22, 2015 3:54pm

Jeff Wilkinson · Kirkland Lake, Ontario
Why doesn’t the RCMP just apply to take over the nation and get rid of the House of Commons altogether? I have no criminal record and I would be very disappointed if our government caved in to the RCMP on this one.
Do away with search warrants for one search and you might as well ditch them for others. It seems to me the RCMP only want to obey the law when it’s in their favour. When it’s not, well, they will just show up on Parliament Hill asking for more power over the citizens of this country.
No worries, though. Prime Minister Justin Trudeau is too busy handing out all kinds of money to his Syrian friends, that I doubt he has time to deal with any real Canadian issues. It seems he’s not too interested in our country right now.
But we better not let this RCMP initiative slide. They could be knocking down doors of Canadians without notice and without cause if we let them.
If the RCMP get their way on this one, I think I’d fear the RCMP more than the criminals.
Like · Reply · 8 · Dec 22, 2015 2:55pm

Deryk Norton
They have already knocked down doirs without notice. They didn’t get search warrants for their massive search of homes in High River in 2013. All this without any RCMP being charged criminally or getting fired.
Like · Reply · 7 · Dec 22, 2015 3:50pm

Tim Patrie · Edmonton, Alberta
…welcome to the police state if this goes through…
Like · Reply · 6 · Dec 22, 2015 1:44pm

[Refer also to:

MUST READ! Will Canadian cops become next victims of industry’s water contamination and fraud? A dangerous new police “best practice?” RCMP members “drink the water” while “trying to understand the shale gas industry” and “educate” themselves. No word on if RCMP plan to try to understand, or investigate, the dangerous and rampant fraud associated with oil and gas industry’s widespread frac contamination, or the number to call if families need RCMP “water taster” to come taste their water after it’s been frac’d, as companies, regulators, and research councils try to cover it up, while lying to the public (including the police) that now toxic and explosive water is “common, normal, and safe”

Lawyer’s suspicions Canadian spy agency listened to client calls proven right

“I couldn’t believe the degree to which the judicial process had been corrupted,”

How rampant is child abuse by RCMP officers? “Worst case of abuse police have seen.” Canada’s environmental activists seen as ‘threat to national security’, Police, security agencies describe green groups’ protests, petitions as ‘forms of attack’

Ottawa police Supt. Tyrus Cameron said police are concerned anything revealing the identity of the victims would “re-victimize” them. “They are victims of horrific abuse,” said Cameron. … The RCMP said the officer has been on leave since May 2011, but the reason for that is under a court-ordered publication ban.

Police sources also told CBC News the man worked for the force’s counter-terrorism unit.

The officer was suspended with pay Wednesday, RCMP said. The RCMP is also performing its own internal investigation to determine if the officer had complied with the code of ethics. [Emphasis added]

Counter-terrorism unit set up in Alberta to protect energy industry headline changed shortly after publication to Counter-terrorism unit set up in Alberta to help protect energy industry, public

2014: RCMP ignore “volley of gunfire” to concerned citizen’s home but warn government and industry: “Environmental extremists pose ‘clear and present criminal threat’ to Canada’s energy sector – more likely to strike at critical infrastructure than religiously inspired terrorists.” Canadian and Australian oil and gas lobby groups warn: Industry operations “impact aquifers” and “contaminate water resources” as pre-determined “bullshit” investigations, cover-ups and court rulings fix everything. No word if “religiously inspired terrorists” plan to retire because of the intense competition

Communications Security Establishment Canada (CSEC) illegally spied on Canadians; Harper government insisted CSEC never spied on Canadians; Spy agency’s work with CSIS, RCMP fuels fears of privacy breaches

Probe of Canadian spy agency CSEC found ‘serious breaches’ of ethics code

Ottawa RCMP and wife charged with keeping 11-year-old imprisoned in basement

RCMP officer and wife face multiple charges in child abuse investigation

Watchdog says RCMP’s problem is bullying, not sexual harassment

RCMP to meet with authors of damning report alleging abuse of aboriginal women and girls (with video)

Those Who Take Us Away, Abusive Policing and Failures in Protection of Indigenous Women and Girls in Northern British Columbia, Canada

Mirrors Brought to Protests: Police Forced to Look at What They’ve Become by Filming Cops, Declare War on Police Brutality

UKRAINE — In a move that is picking up international attention, the people of Ukraine have begun bringing mirrors to their protests.

They say they’re doing it to force police to look at their own reflection, in a piercing psychological reminder of what they’ve turned into.

The idea came about after police were seen violently attacking hundreds of Ukrainians who are upset with their government

In one shocking video, swarms of police can be seen kicking, stomping, and trampling a defenseless man.

Warning: Graphic Content. [Video at link]

Now, police are being forced to face themselves in the mirror.

Several appeared to be ashamed or confused. Several others smiled as if to pretend that it didn’t get to them.

Others turned away, not wanting to look at all.

Many protesters also brought signs that read, “Who are you protecting?”

They believe that police have become an institution designed to protect criminal governments rather than families and communities.

The mirrors have had an intense effect on the psyches of many officers.

Some reports suggest that the government currently has plans to ban the use of mirrors at protests, labeling them as “potential weapons.”

Several officers could not even look at themselves in the mirror.

As news about the mirrors continues to spread online, it is sure to become a trend in protests around the world, with commenters saying things like:

“That is the most beautiful and brilliant form of protest I have heard of in a long time.”

and:

“Unless you’ve had every shred of decency and humanity brainwashed out of you, how could you not be ashamed on some level to see yourself standing there; an iron-clad Stormtrooper armed to beat back your own people.

Congratulations, you’ve become a Nazi, your mother must be very proud. I will Never understand how someone could do that.”

and:

“I don’t agree with the reason that Ukrainians are protesting (they want to be included in the corrupt EU), but this is a DAMN good idea. I hope it spreads”